JUDGMENT :

Das, J. - This is an appeal by the 2nd Defendant against a judgment of reversal by the learned Subordinate Judge, Berhampur, dated November 6th, 1951, decreeing the Plaintiff's suit preliminarily for accounts from 1940 till October 24, 1946.

2. The Plaintiff commenced a suit for accounts of a partnership firm, Pravash Chandra Kanti Chandra which was dissolved on October 24, 1946. Although Plaintiff-2 Kanti Chandra Jain was a partner of the firm, Pravash Chandra Kanti Chandra with Defendant-2 Pravash Chandra, the suit was filed on behalf of six Plaintiffs; the other five Plaintiffs being his father, Plaintiff-I, and his three minor brothers Plaintiffs 3 to 6 represented by their next friend, the Plaintiff-1. Defendant-l is the father of Defendant-2 who is his adopted son. The whole case of the Plaintiff is that a partnership was formed between Plaintiff-2 and Defendant-2 in about 1940. It is an admitted fact that the parties to this litigation are Marwaris and both the families are trading families. According to the Plaintiff, Defendant. 1 who is a capitalist carrying on business in various places all over India wanted to open a shop at Berhampur in the name of his adopted